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HomeMy WebLinkAboutMinutes - City Council - 06/18/1990CITY COUNCIL 18 JUNE 1990 The South Burlington City Council held a regular meeting on Monday, 18 June 1990, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, John Dinklage, James Condos, William Cimonetti Also Present Charles Hafter, City Manager; Joe Weith, City Planner; Richard Ward, Zoning Administrator; Stephen Stitzel, City Attorney; Brian Searles, Police Dept; Ruth Poger, The Other Paper; Tyler Hart, Mary Kehoe, Marie & Homer Dubois, Carl Cobb, Harry Behny, William Bissonette 1. Comments and questions from the public not related to agenda items No issues were raised. 2. PUBLIC HEARING: Amendment to approved subdivision for Butler Farms Mr. Weith showed the plan. The developer will construct Adirondack St. through to Oak Creek and use it as a second access. The Planning Commission has approved this and the Council has conditions of approval. This would be a second access to allow the 90 units approved by both the Council and Commission. It would allow the developer to build the 7 lots for which they have contracts but no permits. The stipulations say they must have the sub-base in within 12 weeks of City Council approval and that the remaining 29 lots can't be built until the road is built (first coat) to city standards. Construction shall be completed on the road no later than 1 October 1990. Mr. Farrar ruled that the only findings of fact in question for this hearing are traffic concerns and the ability to provide city services. Mr. Dinklage moved the Council approve the conditions of approval dated 22 May 1990 as approved by the Planning Commission. Mr. Condos seconded. Mr. Condos felt this was a good compromise and noted Police, Fire and Street Departments say it will give them what they need. Mr. Farrar felt there should be letters from those department heads on file specifically addressing safety issues and the plowing/maintenance of roads. Mr. Cimonetti asked why the second Hinesburg Rd. access isn't being built. Mr. Weith said Act 250 required that land be left open because it's prime ag soil. Mr. Cobb noted they are now in conference with the state over a TDR that would allow them to transfer development rights for use on that land. Ms. Kehoe said it was a condition of the original approval of Act 250 that the second access to Hinesburg Rd. not be built. They approved 90 units with one access but the city requires that a second access be built for 50 units. Mr. Hafter stressed that it is the city that requires the second access. Mr. Cimonetti asked if there is any question of a traffic impact problem. Mr. Weith said the Planning Commission had felt the 2 accesses would serve but hadn't specifically discussed traffic except to feel it wouldn't be a problem in the residential neighborhood of Oak Creek. Mr. Cimonetti was concerned that traffic had not been considered though other members felt the Planning Commission's approval included traffic considerations. Mr. Dinklage amended the motion to include: "...and that the City Council concludes that the general standards outlined under section 19.151 have been met by this proposed change." Mr. Condos seconded. In the vote which followed, the motion passed 4-1, Mr. Cimonetti opposing. 3. Public Hearing on applications to construct 8 single family dwelling with Butler Farms subdivision under Interim Zoning Regulations The City Attorney advised the Council to hear the applications but not to make any decisions since the Interim Zoning Regulations have not yet been approved. Mr. Farrar noted the second reading of the Interim Zoning By-Laws will be 25 June. If they are approved, this hearing becomes moot. Mr. Cobb said the lots in question are: #136, #130, #132, #123, and #129. The other owners are willing to wait for their permits. Mr. Weith said there are no height problems, setbacks are met, and there are no unusual features. Mr. Dinklage moved to close the Public hearing. Mr. Flaherty seconded. Motion passed unanimously The City Attorney said he can have the Findings of Fact prepared by Wednesday or Thursday. 4. Presentation on Government Access Channel Lauren-Glen Davitian provided an update on Channel 17. She said it took a year to get a decision recognizing the Government Access Board. This was done in April. Adelphia did not comply with the 3-year funding plan as originally approved, so it was taken back to the Public Service Board to get a ruling. This issue should be resolved in September. The Channel will be activated in August. Each municipality is entitled to 12 hours a month production time which can be used to cover meetings, update city projects, etc. Each community has 15 hours a week of airtime. Ms. Davitian gave members copies of the amendments to the agreement which outlines appropriate types of programs available. Mr. Hafter asked if there are plans to publicize a telecast. Ms. Davitian said several options exist: S. Burlington could be scheduled for a certain night; there can be on-channel publicity; they can negotiate with the Free Press for a block of space; or the local paper (The Other Paper) can be used. Mr. Cimonetti asked if there is any cost to the community. Ms. Davitian said no. Mr. Flaherty said there is no liability for the city to provide financial support. Mr. Hafter made it clear that the City of S. Burlington has never agreed on an abrogation of municipal franchise fee rights to the State nor has it agreed that if it ever collected municipal franchise fees that such fees would be dedicated to public access. Mr. Dinklage suggested putting the item on the next Steering Committee agenda. Presentation of GBIC "Report to the South Burlington City Council" Mr. Behny made the presentation. Mr. Dinklage asked if GBIC has taken a position on the Lime Kiln area proposed development site. Mr. Behny directed members to p. 3 where it is indicated that the area is marginal for industrial development. They support housing on the undeveloped land there. Mr. Cimonetti said he felt the report supports the right kind of industrial development in that area. Mr. Flaherty asked about the Airport zone. Mr. Behny said approach patterns have always suggested the land is better for commercial use. He noted the proposed development is just off the main approach cone. Mr. Farrar asked if any areas were identified that are not zoned commercial that GBIC feels should be. Mr. Behny said no, but that the Southeast Quadrant could be considered. Mr. Farrar asked which of the 2 proposed interchanges GBIC felt was more important. Mr. Behney said from the town's point of view the Kennedy Dr. interchange was but from an industrial point of view the Hinesburg Rd. interchange was. Mr. Weith asked if the report makes any specific recommendations for a zone change in the Southeast Quadrant. Mr. Behny said no. Mr. Dinklage asked that GBIC let the City Council know if a business use doesn't choose S. Burlington for a particular reason. Mr. Cimonetti asked that GBIC advise the City of problems even when there isn't a specific client involved. Mr. Cimonetti asked if the City's reputation was "friendly" or "unfriendly" from a development point of view. Mr. Behney said he couldn't answer that from a professional point of view. Mr. Behney said GBIC is launching a promotional program to try to get business to Vermont. He said the problem is the price of land. 6. Appointments to Commissions and Committees Mr. Hafter said he felt it was time to sunset the Fire Department Advisory Board which hasn't met in a number of years. Mr. Flaherty moved that the Fire Dept. Advisory Board be sunsetted. Mr. Dinklage seconded. Motion passed unanimously. Mr. Cimonetti questioned the inclusion of city employees on Boards and Commissions such as the Cemetary Commission. Members agreed to have the City Manager check on this and see if it could be made part of assigned work of a department. Mr. Dinklage moved that the Council appoint the list of those who have said they would accept reappointment with the exception of the Cemetary Committee. Mr. Flaherty seconded. Motion passed unanimously. 7. Amendment to Firearms Ordinance to Allow Shooting of Wild Animals Harming Property Mr. Dinklage moved the Public Hearing on the proposed Amendment to the Firearms Ordinance be set for 16 July. Mr. Flaherty seconded. Motion passed unanimously. 8. Refunding Note for Fire Truck Mr. Hafter said this is the second year of the note. Mr. Flaherty moved the Council sign the capital equipment funding note per the City Manager's memo of 14 June 1990. Mr. Dinklage seconded. Motion passed unanimously. 9. Planning Commission and Zoning Board Agendas No issues were raised. Minutes of 4 June 1990 Mr. Dinklage noted that ballots on the Zoning Board are not secret but are written. People can know how members voted. The City Attorney agreed this was the case. Mr. Condos moved the Minutes of 4 June be approved as written. Mr. Flaherty seconded. Motion passed 4-0 with Mr. Dinklage abstaining. 11. Disbursement Orders Disbursement orders were signed. 12. Liquor Control Board Mr. Dinklage moved the Council adjourn and reconvene as Liquor Control Board. Mr. Flaherty seconded. Motion passed unanimously. Mr. Hafter presented a catering request for Isabels to cater a Chamber of Commerce Mixer at Shearer Chevrolet on 20 June from 5-7 p.m. Mr. Flaherty moved the Board approve the catering permit for Isabels as presented. Mr. Dinklage seconded. Motion passed unanimously. Other Business The City Attorney updated appeals for Dorset St. damages. He noted the Shepards have now filed an appeal. He felt 13 appeals was the most that could be filed. In the decision on R W Realty, the second mortgage wasn't identified. Lake Buick, inc. holds a mortgage. A Revised order will be issued. Mr. Condos moved the Council sign the Revised Agreement. Mr. Dinklage seconded. Motion passed unanimously. Executive Session Mr. Flaherty moved the Council meet in Executive Session to discuss contract and personnel matters. Mr. Dinklage seconded. Motion passed unanimously. Regular Session Mr. Condos moved adjournment. Mike Flaherty seconded. The Council adjourned at 11:30 PM. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.